National Union of Healthcare Workers
Encyclopedia
National Union of Healthcare Workers (NUHW) is an independent labor union based in Oakland, California
. It was formed after a split with the SEIU United Healthcare Workers West
(UHW-West). It represents a diverse spectrum of health care
workers and embraces a strong philosophy of union democracy.
and nursing home
workers into a different SEIU local union
. The local had refused to transfer these workers because the members did not want to be moved to the other SEIU unit. The local had also been critical of deals struck by SEIU that prohibited nursing home employees from reporting safety concerns to authorities. After a brief standoff, SEIU International President Andy Stern
placed UHW-West in trusteeship, removing its leaders and appointing two SEIU executive board members as trustees.The ousted leaders, together with other disgruntled members, announced the formation of NUHW just days later.
Within five weeks, more than 80,000 workers at more than 350 California
hospitals, nursing homes, clinics and in the homecare industry filed petitions to leave SEIU and join NUHW. This included the majority of members at one of the nation's largest private-sector healthcare employers, Kaiser Permanente
California. As of March 22, 2009, 91,000 (a majority of current UHW-West members) have signed decertification petitions to leave SEIU and join NUHW, however, only a few thousand of those (see below) have actually voted to join NUHW.
SEIU filed a federal lawsuit against NUHW and several former SEIU-UHW staff members in 2009, alleging they breached their fiduciary duty by using member's dues monies to oppose SEIU's efforts to impose a trusteeship and build a rival union while still employed by SEIU. On April 9, 2010, a jury awarded a total of $1.5 million in damages to SEIU, including ordering several leaders and president Sal Rosselli
to pay between $30,000 and $74,000 each. However, this was a civil judgment based on the local's leaders using time they were still officially working for SEIU to prepare to launch NUHW. None of the charges of finanical mismanagement or theft of funds was substantiated, and it appears that the purpose of the lawsuit was SEIU's desire to bring about the demise of NUHW.
Though tens of thousands of SEIU members petitioned in 2009 to leave their union and join NUHW, elections were held at only a handful of facilities that year. SEIU effectively blocked elections at many facilities by filing numerous charges against NUHW with the National Labor Relations Board
, which oversees such elections. Some elections could not be held at the time the members petitioned for them because labor law prevents a new election when a contract
is already in place.
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
. It was formed after a split with the SEIU United Healthcare Workers West
SEIU United Healthcare Workers West
The SEIU United Healthcare Workers West is a statewide local union of the Service Employees International Union in California in the United States. It has a membership of 150,000....
(UHW-West). It represents a diverse spectrum of health care
Health care
Health care is the diagnosis, treatment, and prevention of disease, illness, injury, and other physical and mental impairments in humans. Health care is delivered by practitioners in medicine, chiropractic, dentistry, nursing, pharmacy, allied health, and other care providers...
workers and embraces a strong philosophy of union democracy.
History
NUHW was formed by former members of the California local SEIU UHW-West after UHW-West was placed in trusteeship in 2009 by its parent union, SEIU. UHW-West's leadership was found guilty of financial mismanagement in a report by Ray Marshall, a former leader of the National Labor Relations Board (NLRB). He recommended the trusteeship if the leadership continued to refuse to support the transfer of 65,000 homecareHome care
Home Care, , is health care or supportive care provided in the patient's home by healthcare professionals Home Care, (also referred to as domiciliary care or social care), is health care or supportive care provided in the patient's home by healthcare professionals Home Care, (also referred to as...
and nursing home
Nursing home
A nursing home, convalescent home, skilled nursing unit , care home, rest home, or old people's home provides a type of care of residents: it is a place of residence for people who require constant nursing care and have significant deficiencies with activities of daily living...
workers into a different SEIU local union
Local union
A local union, often shortened to local, in North America, or a union branch in the United Kingdom and other countries is a locally-based trade union organization which forms part of a larger, usually national, union.Local branches are organized to represent the union's members from a particular...
. The local had refused to transfer these workers because the members did not want to be moved to the other SEIU unit. The local had also been critical of deals struck by SEIU that prohibited nursing home employees from reporting safety concerns to authorities. After a brief standoff, SEIU International President Andy Stern
Andy Stern
Andrew L. "Andy" Stern , is the former president of the 2.2 million-member Service Employees International Union , the fastest-growing union in the Americas. SEIU is the second largest union in the United States and Canada after the National Education Association.Stern was elected in 1996 to...
placed UHW-West in trusteeship, removing its leaders and appointing two SEIU executive board members as trustees.The ousted leaders, together with other disgruntled members, announced the formation of NUHW just days later.
Within five weeks, more than 80,000 workers at more than 350 California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
hospitals, nursing homes, clinics and in the homecare industry filed petitions to leave SEIU and join NUHW. This included the majority of members at one of the nation's largest private-sector healthcare employers, Kaiser Permanente
Kaiser Permanente
Kaiser Permanente is an integrated managed care consortium, based in Oakland, California, United States, founded in 1945 by industrialist Henry J. Kaiser and physician Sidney Garfield...
California. As of March 22, 2009, 91,000 (a majority of current UHW-West members) have signed decertification petitions to leave SEIU and join NUHW, however, only a few thousand of those (see below) have actually voted to join NUHW.
SEIU filed a federal lawsuit against NUHW and several former SEIU-UHW staff members in 2009, alleging they breached their fiduciary duty by using member's dues monies to oppose SEIU's efforts to impose a trusteeship and build a rival union while still employed by SEIU. On April 9, 2010, a jury awarded a total of $1.5 million in damages to SEIU, including ordering several leaders and president Sal Rosselli
Sal Rosselli
Sal Rosselli is president of the National Union of Healthcare Workers. He was the president of SEIU United Healthcare Workers West until 2009, when the local union was placed into trusteeship by its parent union, SEIU....
to pay between $30,000 and $74,000 each. However, this was a civil judgment based on the local's leaders using time they were still officially working for SEIU to prepare to launch NUHW. None of the charges of finanical mismanagement or theft of funds was substantiated, and it appears that the purpose of the lawsuit was SEIU's desire to bring about the demise of NUHW.
Membership
NUHW has won elections to represent more than 5,000 healthcare workers at several California facilities, as well as three separate professional units in the Kaiser Permanente system. As of April 12, 2010, none of those workers has yet bargained a contract with their employer through NUHW. NUHW also lost a close election to SEIU in 2009 to represent roughly 10,000 home care workers in Fresno County and lost an election in 2010 to represent more than 40,000 Kaiser Permanente workers throughout California, who are still SEIU members. NUHW challenged the results of both these elections, and in July 2011, an administrative law judge sided with NUHW's petition for a new election for the Kaiser Permanente workers.Though tens of thousands of SEIU members petitioned in 2009 to leave their union and join NUHW, elections were held at only a handful of facilities that year. SEIU effectively blocked elections at many facilities by filing numerous charges against NUHW with the National Labor Relations Board
National Labor Relations Board
The National Labor Relations Board is an independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. Unfair labor practices may involve union-related situations or instances of...
, which oversees such elections. Some elections could not be held at the time the members petitioned for them because labor law prevents a new election when a contract
Collective bargaining
Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...
is already in place.